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Lesbian / LGBT / Same Sex – Child Custody Issues

I read a great interesting article regarding the issues of same sex marriages and divorce. The legalization of same sex gay marriage across the land isn’t without it’s new frontier of legal challenges.

According to the article, in a case out of Tucson Arizona, a California lesbian same sex couple married in California in 2008. The couple agreed to artificial insemination with Kimberly McLaughlin got pregnant and delivered a child. Suzan the other partner who is not biologically related to the child, stayed home to help raise the child. Kimberly who was a physician, moved out and filed for divorce in 2011 taking the child.

During litigation, the lawyers for Kimberly argued that men and women are biologically different and that any presumptions of parentage for married couples do not apply to same sex couples because of the biological differences between men and women.

In a disappointment to the litigants the Supreme Court denied review of this matter. The court case brings up a very interesting issue which is whether the presumptions of parentage that take place for children conceived during a marriage should apply to same sex couples. It’s obvious that one parent is the biological parent and the other is not in these instances but the law hasn’t yet defined how the law should apply in these circumstances.

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